72-31-415. Custodian compliance and immunity. (1) Not later than 60 days after receipt of the information required under 72-31-406 through 72-31-414, a custodian shall comply with a request under this part from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under subsection (1) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. 2702, as amended.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this part.
(4) A custodian may deny a request under this part from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(5) This part does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this part to obtain a court order which:
(a) specifies that an account belongs to the protected person or principal;
(b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) contains a finding required by law other than this part.
(6) (a) Except as provided in subsection (6)(b), a custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this part.
(b) The immunity in subsection (6)(a) does not apply to actions against the state or a political subdivision of the state.
History: En. Sec. 15, Ch. 286, L. 2017.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 4. Revised Uniform Fiduciary Access to Digital Assets Act
72-31-403. User direction for disclosure of digital assets
72-31-404. Terms-of-service agreement
72-31-405. Procedure for disclosing digital assets
72-31-406. Disclosure of content of electronic communications of deceased user
72-31-407. Disclosure of other digital assets of deceased user
72-31-408. Disclosure of content of electronic communications of principal
72-31-409. Disclosure of other digital assets of principal
72-31-410. Disclosure of digital assets held in trust when trustee is original user
72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-413. Disclosure of digital assets to conservator of protected person
72-31-414. Fiduciary duty and authority
72-31-415. Custodian compliance and immunity
72-31-416. Uniformity of application and construction
72-31-417. Relation to Electronic Signatures in Global and National Commerce Act